Syed Rahamathulla vs Smt. Noorunnisa Begum and New India Assurance Company Ltd.

K.L. Manjunath, J.—Appellant is the claimant, being unsatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal Bangalore (the Tribunal'' for short), dated 16-11-2006 made in MVC No. 5581/2005 filed this appeal seeking for enhancement of the compensation.

The claimant has contended that on 6-3-2005 when he was travelling in a bus bearing registration KA-07/3738 on Chintamani-Bangalore Road at about 11.00 a.m., near Hosakote cross, when he was about the get down from the said bus, the driver of the said bus without signal from the conductor moved the bus in a high speed and in the negligent manner, due to which, the claimant fell down from the bus and the rear wheel of the bus ran over the left leg of the claimant. Immediately, he was shifted to the hospital. He has sustained degloving of skin of left thigh and leg. Due to the said injury, he had to be in the hospital for more than 25 days and suffered disability. He contended that he is aged about 46 years and doing business in silk vending and rearing and due to the accident, he has suffered huge loss in the business and sought for compensation of Rs. 6,00,000/-.

The Tribunal on considering the oral and documentary evidence and also taking into consideration the age, business of the claimant and injuries sustained by him awarded the compensation of Rs. 40,000/- towards pain and sufferings; Rs. 65,000/- towards medical expenditure; Rs. 8,000/- towards conveyance and nourishment; Rs. 9,000/- towards loss of income during the laid up period and Rs. 20,000/- towards loss of amenities. In all, the claimant was awarded Rs. 1,42,000/-.

The claimant being not satisfied with the quantum of compensation awarded by the Tribunal filed this appeal contending that the compensation awarded by the Tribunal is very meager. Though he was doing the business of silk vending, the Tribunal has taken his income at Rs. 3,000/- p.m. against his claim of Rs. 10,000/- p.m. The Appellant has claimed the medical expenses of Rs. 1,50,000/- and submitted the bills for Rs. 85,425/-, however, the Tribunal has awarded only Rs. 65,000/- towards medical expenditure. The Appellant further contended that the compensation awarded insofar as loss of amenities is contrary to law. Though the Doctor who has examined him has assessed the disability to the extent of 30% of the lower limb and 10% to the whole body, the Tribunal has not awarded any compensation towards loss of future income, hence the Appellant has sought for enhancement of the compensation.

We have heard the learned Counsel for the parties and perused the materials available on record.

After considering the arguments of the learned Counsel for both the parties, we noticed that the Tribunal has not awarded any compensation with regard to future loss of income, though the Doctor has assessed the permanent, disability to the whole body at 10%. Though the Appellant is doing the business in silk vending, his income has been taken Rs. 3,000/-, which according to us is on the lower side. The Tribunal ought to have taken the income at Rs. 5,000/- p.m. Accordingly taking into consideration the income of the Appellant at Rs. 5,000/- p.m.; applying the multiplier of 13 and also considering the disability suffered by the Appellant at 10%, we hold that the Appellant is entitled to future loss of income at Rs. 78,000/- which has been rounded of to Rs. 80,000/-. Though the Appellant has claimed the medical expenditure of Rs. 1,50,000/- he has submitted the medical bills only for Rs. 85,425/-. The Tribunal has awarded only a sum of Rs. 65,000/- towards medical expenditure, which is not correct, the claimant is entitled for the entire amount towards medical bills. He has taken treatment from 13-3-2005 to 27-3-2005 and once again from 19-4-2005 to 30-4-2005, hence he was inpatient for 25 days, hence, he was out of employment for a period of three months. Hence, the Appellant is entitled for another sum of Rs. 20,000/- towards medical expenditure. Further, the loss of amenities awarded by the Tribunal is on the lower side, hence, we are inclined to enhance the same by another sum of Rs. 10,000/- under that head. In all the Appellant is entitled for enhanced compensation of Rs. 1,10,000/- with interest at the rate of 6% p.a.

Accordingly, the appeal is allowed in part. The Appellant is entitled to the enhanced compensation of Rs. 1,10,000/.- with interest at the rate of 6% interest p.a. from the date of petition till the date of payment. Out of which, Rs. 75,000/- is ordered to be deposited in any Nationalised Bank for a period of 5 years and the Appellant is permitted to withdraw the periodical interest. The rest of the amount is directed to be released to the Appellant.